Arkansas Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property when you die and names the executor (personal representative) who will manage and distribute your estate; it can also name a guardian for minor children.

2. 2

   Arkansas requires the signatures of the testator and at least two witnesses for a will other than a holographic one (Ark. Code Ann. Section 28-25-103).

3. 3

   An interested witness, meaning one who is also a beneficiary, does not void an Arkansas will, but under the state's purging rule that witness forfeits the part of their gift that exceeds what they would have received had you died without a will, unless two other disinterested witnesses also attest (Ark. Code Ann. Section 28-25-102).

4. 4

   Arkansas recognizes a self-proving affidavit called an affidavit of attesting witness (Ark. Code Ann. Section 28-25-106). An attesting witness signs it before a notary or other officer authorized to administer oaths, and it lets the will be admitted to probate without live witness testimony.

5. 5

   Arkansas recognizes holographic (handwritten, unwitnessed) wills. The entire body of the will and the signature must be in the testator's own handwriting; no attesting witnesses are required at signing, but at least three credible disinterested witnesses to the handwriting must testify to establish the will in probate (Ark. Code Ann. Section 28-25-104).

6. 6

   The will itself does not need a notary. Execution requires the testator's signature and two witnesses, not notarization; a notary, or another officer who can administer oaths, is used only for the optional self-proving affidavit of attesting witness.

7. 7

   To make a will in Arkansas you must be at least 18 years old and of sound mind (Ark. Code Ann. Section 28-25-101). You can revoke a will with a later will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke; divorce automatically revokes provisions favoring a former spouse (Ark. Code Ann. Section 28-25-109).

Arkansas Requirements for Last Will and Testament

• Sign With Two Witnesses

  A non-holographic Arkansas will requires the signature of the testator and at least two witnesses, who sign at the testator's request and in the testator's presence (Ark. Code Ann. Section 28-25-103).

• Avoid Using an Interested Witness

  Arkansas does not void a will because an interested witness, meaning one who is also a beneficiary, signed it, but that witness forfeits the part of their gift exceeding what they would have received without a will, unless two other disinterested witnesses also attest (Ark. Code Ann. Section 28-25-102). Choose witnesses who are not beneficiaries to avoid this reduction.

• Notary Not Required for the Will Itself

  Executing an Arkansas will requires the testator's signature and two witnesses, not a notary (Ark. Code Ann. Section 28-25-103). A notary is used only if you complete the optional self-proving affidavit of attesting witness.

• Complete an Affidavit of Attesting Witness

  Arkansas recognizes a self-proving mechanism called the affidavit of attesting witness (Ark. Code Ann. Section 28-25-106). A witness signs it before a notary or other officer authorized to administer oaths, and in an uncontested probate it is accepted with the same effect as the witness's live testimony.

• Holographic Wills Are Recognized

  Arkansas recognizes a holographic will if the entire body of the will and the signature are in the testator's own handwriting (Ark. Code Ann. Section 28-25-104). No attesting witnesses are required at signing, but at least three credible disinterested witnesses to the handwriting are generally needed to establish the will in probate.

• Meet the Minimum Age and Capacity Standard

  You must be at least 18 years old and of sound mind to make a valid Arkansas will (Ark. Code Ann. Section 28-25-101).

• Know How to Revoke Your Will

  You can revoke an Arkansas will with a later will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke, done by you or by someone else in your presence and at your direction (Ark. Code Ann. Section 28-25-109). Divorce automatically revokes provisions favoring a former spouse.

• Name an Executor (Personal Representative)

  Name an executor, also called a personal representative, to manage and distribute your estate, and name a successor in case your first choice cannot serve. Arkansas probate practice looks to this Will to identify who the testator wants appointed.